Ex Parte McBrearty et al - Page 26

                Appeal 2007-1340                                                                               
                Application 09/996,125                                                                         
                nor have Appellants presented evidence that this "represented an unobvious                     
                step over the prior art" id.                                                                   
                      Therefore, the claimed subject matter would have been obvious to a                       
                person having ordinary skill in the art at the time the invention was made.                    

                                                      B.                                                       
                      As an alternative, we conclude that allowing a user to digitally point                   
                to selected designated portions of a cached document and loading only those                    
                designated portions of the cached document would have been obvious                             
                because it is an application of the known technique of giving control to the                   
                user, disclosed in Acharya, to the known system of a Web browser,                              
                disclosed in Gong, ready for improvement to yield predictable results.  "[I]f                  
                a technique has been used to improve one device, and a person of ordinary                      
                skill in the art would recognize that it would improve similar devices in the                  
                same way, using the technique is obvious unless its actual application is                      
                beyond his or her skill."  KSR, 127 S. Ct. at 1740, 82 USPQ2d at 1396.                         
                      The prior art system of Gong teaches a Web browser with a status                         
                indicator that informs the user that a displayed Web page is new, partially                    
                old, or old.  (FF 12.)  The Web browser of Gong selects and retrieves a                        
                portion of the Web page from cache under computer program (browser)                            
                control.  (FF 13.)  A user may select a reload button on the Web browser to                    
                reload the displayed Web page.  (FF 14-15.)                                                    
                      The prior art also teaches the known technique of giving the user                        
                control over selection of a portion of a Web page.  (FF 6-9.)  A person of                     
                ordinary skill in the art would have recognized that applying the known                        
                technique of giving the user control over the selection of a portion of a Web                  

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